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With Regards To An Ongoing Claim


CCC

Question

Mornin', y'all. Have another question. :)

We are in the middle of a claim for several issues that we feel are service connected. During our research, and with the help of an amazing person here, we have found another couple of issues that we want to request SC for.

Should I wait until the current claim is resolved with the VA? Or can I go ahead and submit the new medical issues as well?

My husband told a VA rep a couple of months ago that we had a significant amount of research to present to the VA wiht regards to his SC, and the VA rep said, "Aw, just hold on to it. You don't want to muddle up the process right now. It'll just bog it down even more." mellow.png I didn't listen very well, because it sounded like a bunch of hooey, and yet another VA rep that didn't want to do their job.

I actually called a few months ago to request a complete copy of his SMRs, and the rep actually told me, "Well, if we give his SMRs to you, how will we process his claim? We need the paperwork ourselves." I swear, sometimes I wonder where they get these people. I've found when you get people like that, it's best to just hang up and call back and get someone with half a brain. Even though you have to hold for ANOTHER 40 minutes (or longer), at least you have the chance to get someone who isn't a complete idiot.

Anyway, sorry I drifted. Would it be OK to go ahead and submit the evidence for the new illnesses we feel are SC, or should we wait until the current claim is finished? If I have my preference, and it doesn't really affect anything, I'd like to go ahead and submit the evidence for the new claim. It takes so long to get anything done with the VA, and I'd hate to have to wait a year or 2 (or more) just to submit my new information.

Thanks again.

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JMHO But filing a new claim now, with a claim already working ,will only slow the process down, To what extent nobody can say, but hubby's C-file can't be in 2 places at the same time. They will lump the claims together and back to gathering evidence they go, no matter where in the chain the first claim was.

Again JMHO. I'm sure others will answer.

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JMHO But filing a new claim now, with a claim already working ,will only slow the process down, To what extent nobody can say, but hubby's C-file can't be in 2 places at the same time. They will lump the claims together and back to gathering evidence they go, no matter where in the chain the first claim was.

Again JMHO. I'm sure others will answer.

I'd have to agree with Johnjr. Adding additional SC conditions will slow things down a bit. I am guilty of the same thing back in October of last year. Basically, I had added a condition in midstream, and when checking the status of my case through IRIS, the representative noticed that I had a "new" case that had been just sitting there for a few months. He asked if I wanted to place it under my original filing date, or defer it until later as a new filing. I opted to go ahead and include if with my original list of SC claims.

This caused that condition to be noted in my list of new claims, but for some reason the VA never sent the VCAA notice on the claim, and my whole case was held in limbo for months, until I talked to Peggy on the 1-800 number and the representative just happened to notice that it was there, and the VCAA hadn't been sent yet. (My American Legion VSO never noticed it.) Shortly afterward, I received a VCAA on the new claim, plus one more that the VA added on their own. (I still can't figure that one out.)

So I am still waiting out there, but have to blame myself for causing some of the delay.

You have to ask yourself if bundling the whole thing as one new claim is worth the extended amount of time/effort.

Have a great week.

Mark

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Right -- OK thanks, y'all.

I just have to ask myself which extremely long time frame I want to wait - for the addition to the original claim (which will take a while) or to wait until the original claim is finished and then start a new claim (which will take a while).

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Unfortunately, waiting to file a claim alters the most favorable EED,if the claim is awarded.

My retired neighbor gets 10% from VA deducted from his 20 yr retiree check.

Based on what he told me as to his SSA award and his FERS info (he worked at VA until he became totally disabled ), I advised about 3-4 years ago that he should file for TDIU.

He still hasn't done that because he is waiting for the backlog to calm down.He reminded me recently that my claims at the same VARO many years ago took years to resolve but his original claim for the 10% that he filed a year or more after I filed, ,which he should have nodded but didnt) only took 8 months,so he thinks a claim, for higher SC rating or TDIU on his part will go as fast as that one did.

In my opinion he would be eligible for CRDP and TDIU.I also feel he has lost quite a bit of potential retro already by putting this off.

He seemed to doubt that .He can do or not do what he wants about it. The rep he had for the 10% is 20 minutes away.

It is beyond me why they didnt tell him to NOD the 10%..and .maybe they did.

Still I certainly understand how additional claims can hold up the works.However,if they are secondary to a prime disability and/or the evidence is solid, why wait to file them..... to preserve the most favorable effective date (which is usually back to the date of VA's receipt of the claim.)

That is why many of us here, when the vet gets SSDI award for the same SCs, we say File the TDIU form Yesterday!

Edited by Berta (see edit history)
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  • HadIt.com Elder

Mornin', y'all. Have another question. :)

We are in the middle of a claim for several issues that we feel are service connected. During our research, and with the help of an amazing person here, we have found another couple of issues that we want to request SC for.

Should I wait until the current claim is resolved with the VA? Or can I go ahead and submit the new medical issues as well?

...

Thanks again.

Sorry CCC, I usually read the prior posts on a fellow vet's profile, before I respond, Didn't do so this time, however, with the limited info you have posted on this topic thread, I would ask if you are in a hurry, or in financial distress right now? How far along is your claim? Does the VA already have the additional new disability info in your VAMC file already? If so they may include it and list it as an additional disability claim to your existing claim. This happened to me in an "Agent Orange" claim, once.

Also, Timetables at the VA are a bit warped. The trains don't always run on time in this "Twilight Zone.". It's not like in the real world. Some vets have their claims adjudicated in a few months, and other a few decades. It depends on many factors.

Remember the Retro clock starts when you file your claim. Many vets and their families are in dier straits when the come to Hadit, and need the financial relief desperately.

JMHO... If you have the time, and don't mind the possibility of an unnecessary wait, then file for everything right now. Get that clock ticking.

JMHO... You will need copies of your c-file for your appeal if it comes to that. Again, you should have already requested those before you filed...if you have the time, I would also put a request for that now.

Best wishes for a successful resolution.

C.B.

(edited for spelling error)

Edited by Commander Bob (see edit history)
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Thanks, y'all.

Bob, what's a C-File? I've only been doing this about a year. I'm still pretty new LOL.

*************************************************************

Ms. Berta,

I looked at the VA ratings schedule to see what the ratings were with regards to stents. My husband was told that because he was getting 2 more stents, his percentage would increase. I didn't see anything with regards to "number of stents = percentage rating." Do you know anything about that?

**************************************************************

One more thing with regards to adding on to the existing claim. Hubs was talking to a VA rep on the phone the other day, and they told him that he was probably within 60 days of a decision. They were waiting on his last 2 C&P exam results, and then they were going on to the final decision phase, and they said that that took 45 days. Based on that, I should wait, no? And if I wait, and it's denied, when I appeal, would I only be appealing the original claim, and the new information would be completely different, right?

This is getting confusing LOL.

Thanks for all of y'alls help.

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I agree with Berta, but even more strongly so. Any delay of the Veteran in filing a claim, will result in reduced retro via the effective date.

So, I say to this. "How much retro do you want to lose so that your claim "MIGHT" be processed faster? I say "might" be faster for good reason.

Remember, if your claim file is at the bottom of a pile somewhere and you add another claim to it, someone needs to dig your claim out of that pile if only to put another condition in it. I say they are unlikely to put it back at the bottom of the pile, but to set it on top, instead. Not always, but it is sure possible.

I further think if the VA wants to delay your claim, they will find a way..and they do, too. If adding another condition "delays" your claim, so can any or all of these things::

....sending in evidence...

....attending a C and P exam....

....asking for a copy of your c file...

....sending in a 21-4138

....adding or subtracting dependents...

....seeking help from your congress critter..

....or even inquiring as to the status...

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I have an IRIS email from 2007 where the VA promised an answer in 4-6 weeks (my claim had been in Roanoke, and then Roanoke sent it to my VARO). Two years later, I got a decision.

Two months times 100% is almost 6 grand. You can figure out how much retro you will be giving up. I dont know what your percentages will be, but you can figure out how much you will lose also. Just look up what you are hoping to get and multiply it by 2. This would be the amount you would lose if, indeed, they complete your claim in 2 months.

Remember this, too. Ok..lets say you wait the proverbial two months. You get your decision. If its denied, then are you gonna wait another 4.4 years for the BVA to get done also? (Veterans for common sense says it takes 4.4 years from RO decision to BVA decision. It includes your NOD, SOC, etc etc. )

Its actually worse to have claims at your RO and claims pending the BVA....that will really slow you down. I am not saying you will get denied...I have no way of knowing that. But, I have had 6 RO decisions and only one of 6 was really favorable. The other ones were denials. one lowball, and one awards of zero percent, almost the same thing. I would say that 1 out of 6 awards at the RO office is typical. That means 5 out of six are denied.

My father used to give me advice, and some times I took it, sometimes not. When I did not take his advice, he said, "Ok..learn the hard way, then..its up to you."

My experiences on waiting on the VA is an exercise in futility.

Edited by broncovet (see edit history)
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I agree with Berta, but even more strongly so. Any delay of the Veteran in filing a claim, will result in reduced retro via the effective date.

So, I say to this. "How much retro do you want to lose so that your claim "MIGHT" be processed faster? I say "might" be faster for good reason.

Remember, if your claim file is at the bottom of a pile somewhere and you add another claim to it, someone needs to dig your claim out of that pile if only to put another condition in it. I say they are unlikely to put it back at the bottom of the pile, but to set it on top, instead. Not always, but it is sure possible.

I further think if the VA wants to delay your claim, they will find a way..and they do, too. If adding another condition "delays" your claim, so can any or all of these things::

....sending in evidence...

....attending a C and P exam....

....asking for a copy of your c file...

....sending in a 21-4138

....adding or subtracting dependents...

....seeking help from your congress critter..

....or even inquiring as to the status...

Sigh.......sending in evidence.....guilty.......attending a C&P.....guilty....twice......asking for a copy of my c-file........innocent! but I'm dumb because I should have done that at the onset.......sending in a 21-4138......guilty, guilty, guilty....x 25 or so.......adding dependents.....guilty.....(we had a newborn baby in Feb, 2011).......seeking help from congress critter......sigh.....guilty......and inquiring as to my status.......guilty x 20 or more........

I hope I get rated before I reach Social Security age...........I REALLY should have checked this site out first before filing my claims........sigh.....(one more sigh just because........)

Mark

Edited by MarkInTexas (see edit history)
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"JMHO But filing a new claim now, with a claim already working ,will only slow the process down, To what extent nobody can say, but hubby's C-file can't be in 2 places at the same time. They will lump the claims together and back to gathering evidence they go, no matter where in the chain the first claim was.

Again JMHO. I'm sure others will answer. "

You are right. They pulled this on me......

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Guess I'll have to sigh also. My TDIU claim was sent in 4/5/12. Still shown as "Under Review" on ebenefits. So far I've had a general C&P exam, a hearing C&P exam, and am now scheduled for a diabetes C&P exam next week. Why hasn't the claim advanced to gathering evidence? Answer: ebenefits is useless IMHO. What I didn't do and didn't know I could until after the filing is request my 'c-file'. I figure I'll wait and request it for an NOD if the claim is denied. Good approach?

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last time I called Peggy she offered to send me a copy of my c-file. It was stored electronically and she hit a button and I got it about 10days later. No need to pull from stack and put back on bottom.

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last time I called Peggy she offered to send me a copy of my c-file. It was stored electronically and she hit a button and I got it about 10days later. No need to pull from stack and put back on bottom.

I would consider you to be a lucky claimant for this to happen.

JMHO

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